NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT 1985 AND.pptx

Miss. Gayatri K. Bahatkar
M. Pharm
Assistant Professor

 The Central Acts like Opium Act, 1857, the Opium Act, 1878 and the
Dangerous Drugs Act, 1930 were enacted a long time ago. With the changing
circumstances and the developments in the field of illicit drug traffic and drug
abuse at national and international level, many drawbacks have come to
notice in the said Acts.
 There was an urgent need of overcoming these drawbacks.
 The Government of India has repealed these old Acts and passed "The
Narcotic Drugs and Psychotropic Substances Act, 1985" rectifying the
deficiencies in the above mentioned old Acts.
 This Act, contains the stringent provisions to prohibit, control and regulate the
operations relating to Narcotic Drugs and Psychotropic substances. It also
provides licensing system for both Central and State Governments to regulate
the manufacture, cultivation, import, export inter-state traffic, transportation,
sale and possession etc.

 To consolidate and amend the law relating to narcotic drugs,
 To make stringent provision for the control and regulation of
operations relating to narcotic drugs and psychotropic substance and
for matters connected therewith.
 To provide detention in certain cases for the purpose of preventing
illicit traffic in narcotic drugs and psychotropic substances and
combating abuse of such drugs and substances and matters
connected therewith.
 To prohibited control and regulate the operation relating to NDPS.

 Addict: A person habitual to regular use of any narcotic drug or psychotropic substance is
known as Addict.
2. Cannabis (Hemp): It includes the following:
 (I) Charas, which is a resin in crude or purified form obtained from the cannabis plant which
includes concentrated preparations and a resin known as hashish oil or liquid hashish.
 (II) Ganja, which comprises of flowering or fruiting tops of the cannabis plant (excluding seeds
and leaves not accompanied by the tops).
 Any mixture with or without any neutral material of ganja or charas or any drink prepared from
them.
3. Coca Derivative: It includes:
 Crude cocaine which can be used directly or indirectly for the manufacture of cocaine.
 Ecgonine and all its derivatives from which it can be recovered.
 Cocaine, which is methyl ester of benzoyl-ecgonine and its salts (iv) Preparations containing
more than 0.1% of cocaine.

4. Coca leaf: It includes:
 (a) The leaf of coca (Erythroxylon) plant (excluding the leaf from which all ecgonine, cocaine,
and any other ecgonine alkaloids have been removed).
 (b) Any mixture thereof with or without any neutral material and does not include any
preparations containing less than 0.1% of cocaine.
5. Manufacture: This term includes:
 (i) All the processes other than production by which psychotropic substances may be obtained.
 (ii) Refining or transformation of such drugs or substances
 (iii) Making of preparations containing such drugs or substances.
6. Manufactured drugs: It includes:
 (a) All coca derivatives, medicinal cannabis, opium derivatives and poppy straw Concentrate;
 (c) Any other narcotic substance or preparation which the Central Government may, having
regard to the available information as to its nature or to a decision; if any, under any
International Convention, by notification in the Official Gazette, declare to be a manufactured
drug.

7. Medicinal cannabis : (Medicinal hemp): It is any extract
or tincture of cannabis.
8. Narcotic drug: It means coca leaf, cannabis (hemp),
opium, and poppy straw including all manufactured drugs.
9. Opium: It means the coagulated juice of the opium
poppy and its mixture with or without neutral material
(excluding the preparations containing less than 0.2% of
morphine).
10. Opium derivative: It includes:
 (i) Medicinal opium.
 (ii) Prepared opium.
 (ii) Phenanthrene alkaloids such as morphine, codeine,
thebaine and their salts.
 (iv) Diacetyl morphine (heroin) and its salts.
 (v) All preparations containing more than 0.2% of
morphine or any amount of diacetyl morphine.
Medicinal cannabis

11. Opium Poppy: It includes the plant
of papaver somniferum L and other
species of papaver from which opium
or any phenanthrene alkaloid can be
extracted.
12. Poppy Straw: It includes all the
parts (except the seeds) of the opium
poppy after harvesting whether in
original form or cut, crushed or
powdered and whether or not juice has
been extracted therefrom.
13. Psychotropic substance: It
means any substance natural or
synthetic or any salt or preparation of
such substance or material, which is
included in the list of psychotropic
substances specified in the schedule.

14. Illicit Traffic (Supplement to NARCOTIC DRUGS ACT, The Prevention of illicit Traffic in
Narcotic Drugs and Psychotropic substances, Ordinance, 1988): It includes:
 Cultivating any coca plant or gathering any portion of coca plant
 Cultivating the opium poppy or any cannabis plant.
 Engaging in the production, manufacture, possession, sale, purchase, transportation,
warehousing concealment, use of consumption, inter-state import, inter-state export, import into
India, export from India or trans- shipment of narcotic drugs or psychotropic substances.
 Dealing in narcotic drugs, psychotropic substances.
 Handling or letting any premises for use for any of the purposes referred in (i) to (iv).
 Financing any activity by himself or through any other person in the furtherance or in support of
doing any of the aforesaid acts.
 Harbouring (keep in mind) persons engaged in any of the activities specified in (i) to (vi) or
 Abetting or conspiring in the furtherance or in support of doing any of the aforesaid acts except
to the extent permitted under the Narcotic Drugs and Psychotropic Substances Act, 1985, or any
rule or order made, or any condition of any licence, permit or authorization issued, thereunder.

 Section 8 of this Act prohibits certain operations such as cultivation of coca plant,
opium and cannabis plant, manufacture, possession, sale, purchase, transport,
import, export, etc. relating to the narcotic drugs and psychotropic substances
except for medical and scientific purposes. However, section 9 of this Act
empowers the Central Government to permit, control and regulate by rules,
certain operations relating to certain narcotic drugs and psychotropic substances.
(a) Prohibition of certain operations As per section 8:No person shall:
 (i) Cultivate any coca plant or gather any portion of coca plant or,
 (ii) Cultivate the opium poppy or any cannabis plant, or
 (ii) Produce, manufacture, possess, sell, purchase, transport, ware-house, use
consume, import inter-state, export inter-state, import into India, export from India
or transship any narcotic drug or psychotropic substance except for medical and
scientific purposes and to the extent and in the manner provided by other
provisions of this Act, or the rules or orders made thereunder.

b) Power of Central Government to Permit, Control and Regulate:
1. Permission and Regulation of certain operations by Central Government: Central
Government may, by rules permit and regulate:
 The cultivation, or gathering of any portion of coca plant (only on account of the Central
Government), or the production, sale, purchase, transport, import inter-state, export inter-state,
use or consumption of coca leaves.
 The cultivation of the opium poppy (only on account of Central Government).
 The production and manufacture of opium and production of poppy Straw.
 The sale of opium and opium derivatives from the Central Government factories for export from
India or sale to State Government or to manufacturing chemists.
 The manufacture of manufactured drugs (other than prepared opium) but not including
manufacture of medicinal opium or any preparation containing any manufactured drug from
materials which the maker is lawfully entitled to possess.
 The manufacture, possession, transport, import inter-state, export inter- state, sale, purchase,
consumption or use of psychotropic substances.
 The import into India and export from India and trans-shipment of narcotic drugs and psychotropic
substances.

2. Control on certain operations by Central Government: According to the rules
 (i) Government shall fix from time to time the limits within which licenses may be given
for the cultivation of opium poppy.
 (ii) All Opium, the product of land cultivated with the opium poppy shall be delivered by
the cultivators to the officers authorized on behalf of Central Government.
 (iii) The Central Government may fix the price from time to time to be paid to the
cultivators for the opium delivered.
 (iv) The rules may prescribe the forms and conditions of licenses or permits for the
manufacture, possession, transport, import inter-state, export inter-state, sale,
purchase, consumption or use of psychotropic substances. The rules may also
prescribe the authorities granted and the fees that may be charged therefor.
 (V) The rules may prescribe the forms and conditions of licenses for cultivation of the
opium poppy and for the production and manufacture of opium. The rules may also
prescribe the fees that may be charged, therefore the authorities by which such
licenses may be granted, withheld, refused or cancelled and the authorities before
which appeals against the orders of withholding, refusal or cancellation of licenses
shall lie.

 (vi) The rules may prescribe that opium shall be weighed, examined and classified according
to its quality and consistence by the officers authorized in this behalf by the Central
Government in the presence of the cultivator at the time of delivery by the cultivator.
 (vii) The rules may provide for the weighment, examination and classification, according to
the quality and consistence of the opium received at the factory and the deductions from or
additions to the standard price to be made in accordance with the result of such
examinations.
 (viii) The rules may prescribe the forms and conditions of licenses for the manufacture of
manufactured drugs, the authorities by which such licenses may be granted and the fees that
may be charged therefor;
 (ix) The rules may require that opium delivered by a cultivator, if found as a result of
examination in the Central Government factory to be adulterated, may be confiscated by the
officers authorized in this behalf.
 (x) The rules may prescribe the ports and other places at which any kind of narcotic drugs or
psychotropic substances may be imported into India or exported from India or transshipped;
the forms and conditions of certification, authorizations or permits, as the case may be, the
authorities by which such certificates, authorizations or permits may be granted and the fees
that may be charged therefore.

Power of State Government to Permit, Control and Regulate:
1. Permission and Regulation of certain operations by State Government :
State Government may by rules permit and regulate:
(i) The possession, transport, inter-state import, inter-state export, warehousing, sale, purchase,
consumption and use of poppy straw;
(ii) The possession, transport, inter-state import, inter-state export, sale, Purchase, consumption
and use of opium:
(iii)Cultivation of any cannabis plant, manufacture, possession, transport, inter-state import, inter-
state export, sale, purchase, consumption or use Of cannabis (excluding charas);
(iv) Manufacture of medicinal opium or any preparation containing any manufactured drug from
materials which the maker is lawfully entitled To possess:
(v) Possession, transport, purchase, sale, inter-state import, inter-state export, use or
consumption of manufactured drugs other than prepared opium and of coca-leaf and any
preparation containing any manufactured drug,
(vi) The manufacture and possession of prepared opium from opium lawfully possessed by an
addict registered with the State Government on medical advice for his personal consumption.

2. Control of certain operations by State Government: The rules under this Act
may:
 (i) Provide that the State Government shall fix from time to time the limits Within which
licenses may be given for the cultivation of any cannabis Plant.
 (ii) Make provision that, only the cultivators licensed by the prescribed authority of the
State Government shall be authorized to engage in cultivation of any cannabis plant.
 (iii) Require that all cannabis, the produce of land cultivated with cannabis. Plant, shall
be delivered by the cultivators to the officers of the State Government authorized on
this behalf.
 (iv) Empower the State Government to fix from time to time, the price to be paid to the
cultivators for the cannabis delivered.
 (v) Prescribe the forms and conditions of licenses or permits licences or permits for
some or all of the followings: possession, transport, import inter-state, export inter-state,
warehousing, sale, purchase, consumption and use of poppy straw, opium, cannabis
(excluding charas).

Sr.
no.
OFFENCES CORRESPONDING PENALTIES
1 Punishment for contravention in relation
to poppy straw :
Rigorous imprisonment for not less than 10 years
which may extend to 20 years with fine not less than 1
lakh rupees which may extend to 2 lakh rupees.
to coca plant and leaves:
Rigorous imprisonment for not less than 10 years
which may extend to 20 years with a fine not less than
1 lakh rupees which may extend to 2 lakh rupees.
to prepared opium:
Rigorous Imprisonment for not less than 10 years
which may extend to 20 years with a Fine not less than
to opium poppy and opium:
Rigorous imprisonment for not less than ten years
which may extend to twenty years with fine not less
than one lakh rupees which may extend to two lakh
rupees.

Sr.
no.
5 Embezzlement (illegal disposal) of
opium by cultivator :
Rigorous imprisonment for not less than 10 years,
which may extend to 20 years with fine not less than
6 Contravention in relation to cannabis
plant and cannabis:
(a) Where such contravention relates to
ganja or the cultivation of cannabis
plant :
(b) Where such contravention relates to
cannabis other than ganja:
(a) Rigorous imprisonment upto five years with a fine
upto fifty thousand Rupees.
(b) Rigorous imprisonment for not less than ten
years which may extend to twenty years With fine
not less than one lakh rupees which may extend
to two lakh rupees.
7 Contravention in relation to
manufactured drugs and preparations:
which may extend to twenty years with a fine not
less than one lakh rupees which may extend to two
lakh rupees.
to psychotropic substances:
which may extend to twenty years with a fine not
less than one lakh rupees, which may extend to two
lakh rupees.

Sr.
no.
9 Illegal import into India, export from
India or trans-shipment of narcotic
drugs and psychotropic substances:
Rigorous imprisonment for not less than ten years which may extend
to twenty years with a fine not less than one lakh rupees which may
extend to two lakh rupees.
10 External dealings in narcotic drugs and
psychotropic substances
Rigorous imprisonment for not less than ten years which may
extend to twenty years with a fine not less than one lakh rupees
which may extend to two lakh rupees.
11 Allowing premises, etc. to be used for
commencement of an Offence
Rigorous imprisonment for not less than ten years which may
extend to Twenty years with fine not less than one lakh rupees
which may extend to two lakh Rupees
12 Certain acts by licensee or his servants:
(a) Omitting to maintain accounts in accordance with the provisions of this Act.
(b) Failure of producing license, permit or authorization on demand of any Authorized officer.
(c) Keeping any false account or making false statement.
(d) Knowingly doing any act in breach of any of the conditions of license, permit or authorization for which
a penalty is not prescribed elsewhere in this Act: Imprisonment upto three years or fine or both.

Sr.
no.
13 Illegal possession in small quantity for personal consumption
of any narcotic drug or psychotropic substance or consumption
of such drug Or substance:
(a) Where the narcotic drug or psychotropic substance
possessed or consumed is cocaine, morphine, diacetyl-
morphine or any other narcotic drug or any psychotropic
substance.
(b) Where the narcotic drug or psychotropic substance
possessed or consumed is Other than those mentioned in
(a) above:
(a) Imprisonment upto one year or fine or both.
(b) Imprisonment upto six months or Fine or
both.
14 Punishment for attempts to commit offences: Punishment,
provided for the offence (Previous pages).
15 Punishment for abetment and criminal conspiracy: Punishment
provided for the Offenses.
16 Enhanced punishment for certain offences after previous
conviction: On second and every subsequent conviction of
offences:
If the subsequent offences relate to ganja:
Rigorous imprisonment for not less than fifteen
years which may extend to thirty years with fine
not less than one lakh fifty thousand rupees
which may extend to three lakh rupees.
Imprisonment upto ten years with Fine upto one
lakh rupees.

 1) Mohammed Muzam @ Thambi vs State: By Intelligence Officer on 19 March,
2010 Nalini Rajam, Intelligence Officer, Narcotics Control Bureau, South Zonal
Unit, Chennai, received specific information on 20.2.2002 at about 15 hours over
phone that A.1 Mohammed Muzam @ Thambi and A.2 Lyndon Albert Raj were
carrying about 2.588 kgs. Of heroin, concealed in a new blue-black travelling bag
in false bottom and arriving at Chennai Central from Jaipur by Jaipur Express on
21.2.2002.
 These Criminal Appeals arise out of the judgment of conviction and sentence,
dated 10.11.2004 in C.C.No.254 of 2002 on the file of the Principal Special Court
under E.C. and N.D.P.S. Acts, Chennai-104, whereby, the appellant (A.1) in
Crl.A.No.1368 of 2004 and the appellant (A.2) in Crl.A.No.238 of 2007, were
convicted for the offence under under Section 8(c) read with Section 21(c) of the
Narcotic Drugs and Psychotropic Substances Act, 1985 and each sentenced to
undergo rigorous imprisonment for ten years and to pay a fine of Rs.1 lakh
each, in default, each to undergo one year rigorous imprisonment. A.1 and
A.2 were acquitted of the charge under Section 29 of the NDPS Act and A.1 was
also acquitted of the charge under Section 8(c) read with 28 of the NDPS Act.

 2) The case of the prosecution is that PW1-Intelligence Officer, NCB, Chennai
received a telephonic information as if on 10.7.2004 Saturday one Amudha @
Gomathi brought heroin from Mumbai and she was planning to transport it Arab
countries and she used one Nowshad of Kozhicode of Kerala for concealing the same
in a suit case and one Abdul Kareem Hayaz of Kozhicode of Kerala to smuggle it from
Chennai to Saudi Arabia and both of them were staying in Room No.105, Meena
Guest House, Gulam Murthusha Street, Ellis Road, Mount Road, Chennai and the
said Amudha @ Gomathi got about 2.500 kg of heroin concealed in a big black suit
case and handed it over to Sait Abdul Kareem Hayaz at 12.00 noon to be smuggled to
Chennai to Saudi Arabia and Both Abdul Kareem Hayaz and Nowshad along with suit
case were staying in Room No.105, Meena Guest House, Mount Road, Chennai and
Abdul Kareem Hayas was likely to leave to Saudi Arabia in one or two days.
 The minimum punishment prescribed for the same is one half of the maximum term of
imprisonment and fine prescribed for the main offence. In this case, the accused has
been in confinement for nearly 7 = years and the same is more than one half of the
maximum term for any offence under section 8C.

NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT 1985 AND.pptx

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